Introduction The first half of mishnah one discusses those who are executed by burning, while the second half discusses those executed by being decapitated.
The following are burnt: he who has sexual relations with a woman and her daughter, and a priest's adulterous daughter. There is included in [the prohibition of having relations with] a woman and her daughter his own daughter, his daughter’s daughter, his son's daughter, his wife's daughter and the daughter of her daughter or son, his mother-in-law, her mother, and his father-in-law's mother. There are two people who are punished by being burnt: one who has relations with a woman and her daughter (Lev. 20:14) and a priest’s daughter who commits adultery (Lev. 21:9). Our mishnah teaches that the prohibition of having relations with a woman and her daughter includes incestuous relationships, such as having relations with one’s wife and her daughter (whether or not she is his daughter). It also includes granddaughters. In all of these cases the man’s punishment will be execution by burning.
The following are decapitated: a murderer, and the inhabitants of a city subverted into worshipping idols. A murderer who slew his fellow with a stone or iron, or kept him down under water or in fire, so that he could not get out of there, is executed. If he pushed him into water or fire, but he could get out of there , yet he died, he is not liable [for the death penalty]. The mishnah now begins to discuss those who are executed by decapitation. The first example is a murderer. (We will discuss the city seduced to idol worship more in chapter ten). A murderer is one who strikes his fellow person with intention of killing him. If he pushed his head into fire or water and did not allow him out, he is punished as a murderer. However, if he threw him into water or fire and the person died, he is not punished as a murderer, since the person could have escaped. According to another source, although he is not obligated in a court, he is obligated in a heavenly court.
If he set a dog or a snake against him [and they killed him], he is free from death. If he caused a snake to bite him, Rabbi Judah ruled that he is liable [for the death penalty] and the Sages, that he is not. If he set a dog or snake upon another person and they bit him and he died, he is not liable, since he did not kill him with his hands. If he put the dog or snake on the other person, according to Rabbi Judah he is liable, since this counts as murder with one’s hands. According to the Sages this does not count as murder with one’s hands.
If a man struck his fellow, whether with a stone or with his fist, and they [the experts] declared that he would die, but then its effect lessened [so that it was thought that he would live], only to increase subsequently, so that he died he is liable. Rabbi Nehemiah said that he is exempt, since there is a strong possibility [that he did not die as a result of his injuries]. If a person struck another person and then the doctors stated that he would die, and then later the patient started to recover, and then still later died, according to the Sages the striker is obligated for the death penalty. We can assume that he died of his wounds, even though he slightly recovered in the interim. According to Rabbi Nehemiah, since he even slightly recovered, we have a reasonable doubt with regards to the cause of his death, for perhaps he died of a different cause and not directly from the wounds. This reasonable doubt is enough to exempt him from the death penalty.
Questions for Further Thought:
• Section four: Why does the mishnah mention this strange case? What might it teach us in general about other cases?